( 1 ) THESE two second appeals have been directed against the decisions in the first appeals reversing the judgments and the decrees passed in the original suits started by the plaintiff, Golam Kibria Molla.

( 2 ) THE plaintiff's case is that he is one of the co-sharers in respect of the, disputed tank in plot No. 1976 under khatian No. 1596 of Mouza Jujarsaha, P. S. Panchla in the District of Howrah. The allegation is that Joherannessa Bibi, a co-sharer of his, sold a portion of her share in the disputed tank to third party outsiders, Golam Kader, Sadeque Molla and Golam Kuddus. The said Joherannessa Bibi sold another portion of her share in the disputed tank to another set of outsiders, namely, Abdul Rauf, Abdul Kalam, Abdul Salam, Abdul Mannan and Abdul Hannan. When the defendants came to catch fish in the disputed tank, the plaintiff for the first time came to know about the sales and in presence of several persons he wanted to exercise the right of pre-emption by purchasing the shares of Joherannessa Bibi by offering proper consideration. The defendant-purchasers refused to accept the offer of the plaintiff and therefore, the plaintiff filed two suits in